Laura K. Bisset

The City of Toronto brought a motion for partial approval of Official Plan Amendment No. 469 (the Sherway Area Secondary Plan) following a partial settlement with several appellants.

The Tribunal approved the motion, bringing unappealed portions of the OPA into force and approving specific modifications on a plan-wide basis, while preserving site-specific and precinct-specific appeals for future adjudication.

The Tribunal also scheduled a further Case Management Conference and a seven-week hearing for the remaining appeals.

The Applicant appealed the City of Toronto's failure to make a decision on Zoning By-law Amendment applications within the statutory timeframe.

Following a settlement hearing where the Tribunal approved the amendments in principle, the parties requested a status update hearing.

The Tribunal ordered the parties to submit the final draft Zoning By-law Amendments and confirm all pre-requisites are satisfied by August 5, 2022.

The Ontario Land Tribunal held a Case Management Conference to organize hearing dates for Phase 6C – South West Etobicoke appeals from the City of Toronto's proposed Official Plan Amendment 231.

The Tribunal approved a Procedural Order for Hearing Group No. 1 and scheduled hearing dates for Hearing Groups 1, 2, and 3, as well as a settlement hearing regarding the Champagne Centre.

The City of Toronto brought a motion to dismiss appeals of Official Plan Amendment 554 and Zoning By-law Amendment No. 101-2022, which permit the development of Garden Suites across the city.

The City argued that under the Planning Act, specifically sections 17(24.1) and 34(19.1), there is no right of appeal for policies or by-laws that give effect to additional residential unit policies, except by the Minister of Municipal Affairs and Housing.

The appellants argued against the substantive contents of the amendments, such as setbacks and tree destruction.

The Tribunal agreed with the City's statutory interpretation, finding that the appeals were statute-barred because only the Minister has the right to appeal these specific permissions.

The appeals were dismissed without a hearing.

Multiple appellants appealed the City of Toronto's adoption of Official Plan Amendment No. 478 (OPA 478), which provides area-wide policies for lands near the Main Street TTC Station and Danforth GO Station.

At a settlement hearing, the Tribunal considered proposed modifications to OPA 478 that clarify the provision of new streets, parks, built form standards, and municipal services.

Based on uncontested expert planning evidence, the Tribunal found that the modified OPA 478 is consistent with the Provincial Policy Statement, conforms to the Growth Plan, and represents good land use planning.

The Tribunal allowed the appeals in part and approved the modified OPA 478.

The Tribunal convened a first Case Management Conference regarding appeals against the City of Toronto's failure to make a decision on a Zoning By-law Amendment and Site Plan Control applications for a proposed mixed-use development.

The Tribunal granted party status to two additional entities on consent.

The Tribunal determined that the appeals will be heard together in a two-phase hearing, with the zoning appeal proceeding first.

A second Case Management Conference was scheduled to finalize the Procedural Order and set a hearing date.

This was the first Case Management Conference regarding an appeal by DVP Hotel Development LP against the City of Toronto's failure to make a decision on a proposed Zoning By-law Amendment for 175 Wynford Drive.

The Tribunal granted party and participant status to several entities and individuals on consent.

A second Case Management Conference was scheduled for September 7, 2022, and a ten-day hearing was scheduled to commence on April 24, 2023.

The applicant appealed the City of Toronto's failure to make a decision on applications for an official plan amendment and zoning by-law amendment to permit an 18-storey mixed-use development.

Following a case management conference, the Tribunal issued a procedural order.

The Tribunal varied the procedural order to clarify that two participants, who were granted the ability to give oral evidence, would be called as witnesses of the Tribunal pursuant to section 18 of the Ontario Land Tribunal Act.

They will testify after the evidence of all other parties but before any reply evidence from the applicant.

The appellants appealed a decision of the Toronto Local Appeal Body (TLAB) Chair, who had cancelled a TLAB member's decision granting the appellants' application for property severance and minor variances.

The appellants argued they were denied procedural fairness during the review process and that the Chair applied an incorrect standard of review.

The Divisional Court dismissed the appeal, finding that the TLAB met its duty of procedural fairness by providing notice and an opportunity to make submissions, and that the Chair applied the correct standard of review by identifying compelling grounds of jurisdictional and factual errors before substituting his own findings.

The Ontario Land Tribunal held a first Case Management Conference regarding an appeal by NYX Yonge LP from the City of Toronto's failure to make a decision on a zoning by-law amendment application for a 12-storey mixed-use building.

The Tribunal granted party status on consent to two residents' organizations and deferred two participant status requests to the next CMC.

A second CMC and a 10-day hearing were scheduled.

The Ontario Land Tribunal held a second Case Management Conference regarding an appeal against the municipality's failure to make a decision on a zoning by-law amendment application.

The application seeks to permit a 21-storey residential rental building.

The Tribunal scheduled an 8-day hearing and directed the parties to submit an updated Procedural Order with a scoped Issues List, noting the parties' intention to seek Tribunal-led mediation.

The appellant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a 27-storey mixed-use building at Bloor and Dundas.

The parties reached a settlement prior to the hearing.

The Tribunal accepted uncontroverted expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and represents good land-use planning.

The appeal was allowed in part and the zoning by-law amendment was approved in principle, with the final order withheld pending the fulfillment of conditions including the execution of a Section 37 agreement securing affordable rental housing.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a mixed-use development with two tall buildings at 10-30 Dawes Road.

At a settlement hearing, the Tribunal reviewed the agreed-upon conditions of approval and the land use planning affidavit filed by the applicant.

The Tribunal found the proposal consistent with the Provincial Policy Statement, in conformity with the Growth Plan and the City's Official Plan, and representative of good land use planning.

The Tribunal allowed the appeal in part and approved the zoning by-law amendments in principle, withholding its final order until the conditions are satisfied.

The applicant appealed the City of Toronto's failure to adopt a requested official plan and zoning by-law amendment for an 18-storey mixed-use development.

At a case management conference, the Tribunal considered several requests for party and participant status.

The Tribunal granted party status to a newly incorporated community group, South Junction Triangle Grows Inc., and granted participant status to a local resident and a condominium corporation, with the indulgence of allowing them to make oral statements at the hearing.

The hearing was scheduled for 13 days in October and November 2022.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a high-density mixed-use development at 6 Dawes Road.

Following mediation, the parties reached a settlement for a revised proposal consisting of two buildings with four residential towers.

The Tribunal accepted uncontested expert planning evidence that the proposed settlement is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and represents good planning.

The appeal was allowed in part, with the final order withheld pending the satisfaction of various conditions by the City.

The applicants appealed the City of Toronto's failure to make a decision on zoning by-law amendment applications to permit a mixed-use development with two residential towers at 9-25 Dawes Road.

Prior to the hearing, the parties reached a settlement.

The Tribunal accepted uncontroverted expert planning evidence that the revised proposal is consistent with the Provincial Policy Statement, conforms to the Growth Plan and the City's Official Plan, and represents good planning.

The Tribunal allowed the appeal in part and approved the zoning by-law amendment in principle, withholding its final order pending the satisfaction of several conditions.

The Ontario Land Tribunal held a first Case Management Conference regarding 39 appeals of the City of Toronto's Official Plan Amendment No. 525 and associated zoning by-law amendments, which adopted a new secondary plan for the King-Parliament area.

The Tribunal addressed administrative matters including the withdrawal of certain appeals, the substitution of new property owners for existing appeals, and the splitting of an appeal.

The Tribunal also granted party status to two landowners.

A second Case Management Conference was scheduled for May 19, 2022, to establish a Procedural Order and issues list, and to allow parties time for mediation and settlement discussions.

The Tribunal held a third Case Management Conference regarding an appeal of the City's failure to make a decision on a zoning by-law amendment application.

The parties advised they were confident of a settlement.

The Tribunal scheduled a one-day settlement hearing, amended dates in the Procedural Order, and released 10 days from the previously scheduled 15-day hearing.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application to permit a mixed-use development.

At the third Case Management Conference, the parties advised the Tribunal that a settlement had been reached in principle.

With the consent of all parties, the Tribunal scheduled a settlement hearing for December 17, 2021, and removed a self-represented party's issues from the list following his withdrawal.

The applicant appealed the City of Toronto's failure to make a decision on a zoning by-law amendment application within the statutory timeframe.

The application proposed two mixed-use buildings with four towers at 6 Dawes Road.

Following a second Case Management Conference, the Ontario Land Tribunal issued a Procedural Order, scheduled a 10-day hearing for June 2022, and set a third Case Management Conference for November 2021.